A review of registrations for over-the-top dicamba products and liability for state governments for appropriating neighbors' right to exclude

Injuries inflicted by spray applications of dicamba herbicides on neighboring properties have raised questions about the validity registrations and adequacy protection accorded others. An evaluation documentation used Environmental Protection Agency in approving 2020 discloses a lack evidence supporting issuance registrations. In lawsuit challenging registrations, court may decide they need to be vacated. While over-the-top products for use soybeans cotton been beneficial controlling weeds, their volatility has caused major offsite injuries. Neighboring property owners right exclude others from properties, including exclusion drift volatilization pesticide particles. By states enabled particles invade properties. The obliterate neighbors' thereby constituting taking private without just compensation which state governments can incur liability.